PARTICULAR ISSUES OF THE SOURCE BASE RESEARCH ON THE PROTECTION OF THE CHILDREN'S RIGHTS IN THE U.S.

Abstract

The article examines the source base of the children’s rights protection research in the United States. The scientific research in the area of the children’s rights protection in the U.S. is valuable because of its important scientific significance. However, for the completeness, comprehensiveness and objectivity of the research, we must conduct a scientific analysis of the components of the basis of the study. In our opinion, the specifics of historical and legal research require the study of sources on the basis of which the object of study was legally regulated in the different periods of time. The peculiarity of the source base of the study on the protection of the children’s rights is due to the constitutional status of the United States as a federal state. This feature led to the combination of the federal and local legal regulation, as well as organic combination of the statutory and precedent legal regulation. Therefore, the laws and court decisions were worked out to disclose the above issues. The U.S. Supreme Court in its decisions took the global trend of liberalizing criminal penalties of the juvenile defendants. In this paper we applied the methods of complex analysis and systematization to comprehensively cover the problem of the pluralism of approaches to the interpretation «source of law».